FEDERAL CIRCUIT COURT DOCUMENTS

Date FiledDocument No. / Dkt No.Document Identification
10/16/2018 1 Notice of Docketing (19-1081-NVLSP v. US)
10/16/2018 1.2 / 18-154 Granting of petition(s) for interlocutory review.
08/23/2018 2 / 18-154 Petition for Permission to Appeal Interlocutory Order Dated March 31, 2018, of the United States District Court for the District of Columbia, in Case No. 16-0745 (Huvelle, J.) Pursuant to 28 U.S.C. § 1292(b)
08/23/2018 2-1 / 18-155 Plaintiffs-Appellants’ Petition for Premission for Interlocutory Appeal Under 28 U.S.C. 1292(b)
10/17/2018 3 / 19-1081 Entry of Appearance for A. Klein
10/17/2018 4 / 19-1081 Entry of Appearance for M. Stern
08/30/2018 5 / 18-155 Response to Plaintiffs’ Petition for Permission for Interlocutory Appeal Under 28 U.S.C. § 1292(b)
10/25/2018 8 / 19-1081 Entry of Appearance for W. Narwold
10/26/2018 9 / 19-1081 Corrected Entry of Appearance for D. Gupta
10/16/2018 9 / 18-154 Order granting permission to Appeal
10/30/2018 10 / 19-1081 Certificate of Interest for Appellants
11/15/2018 11 / 19-1081 Docketing Statement
11/26/2018 12-1 / 19-1081 Appellants’ Unopposed Motion for an Extension of Time to File Opening Brief
11/26/2018 12-2 / 19-1081 Declaration of Deepak Gupta in Support of Plaintiffs-Appellants’ Motion for an Extension of Time
11/26/2018 13 / 19-1081 Entry of Appearance for Jonathan E. Taylor
11/29/2018 19 / 19-1081 Docketing Statement
01/23/2019 21 / 19-1081 Entry of Appearance for Elizabeth B. Wydra
01/23/2019 23 / 19-1081 Entry of Appearance for Sean Marotta
01/23/2019 24 / 19-1081 Entry of Appearance for Claudia Pare
01/23/2019 25 / 19-1081 Entry of Appearance for Stephen Schultze
01/23/2019 28 / 19-1081 Entry of Appearance for Bruce D. Brown
01/23/2019 31 / 19-1081 Brief of Next-Generation Legal Research Platforms and Databases as Amici Curiae in Support of Plaintiffs-Appellants
01/23/2019 32 / 19-1081 Corrected Entry of Appearance for Phillip R. Malone
01/28/2019 38 / 19-1081 Brief Amicus Curiae of Senator Joseph I. Lieberman in Support of Plaintiffs-Appellants
01/28/2019 39 / 19-1081 Corrected Brief of Amici Curiae The Reporters Committee For Freedom of the Press and 27 Media Organizations in Support of Plaintiffs-Appellants
01/29/2019 41 / 19-1081 Unopposed Motion for Sixty-Day Extension of Time to File Opening Brief
01/29/2019 42 / 19-1081 Entry of Appearance for Brett Max Kaufman
01/31/2019 44 / 19-1081 Entry of Appearance for Meghan Oliver
02/01/2019 46 / 19-1081 Corrected Opening Brief of Plaintiffs-Appellants
02/25/2019 48 / 19-1081 Phillip Malone Notice of Appearance, Certificate of Interest
02/25/2019 49 / 19-1081 Certificate of Interest for Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party
04/19/2019 54 / 19-1081 Modified Entry - Corrected Cross-Appellant's (US) Response Brief
05/13/2019 55-1 / 19-1081 Unopposed Motion for an Extension of Time to File Appellants’ Response and Reply Brief
05/13/2019 55-2 / 19-1081 Declaration of Deepak Gupta in Support of Appellants’ Motion for an Extension of Time
05/14/2019 56/ 91-1081 Order Granting Motion to Extend Time to File Brief
07/15/2019 60 / 19-1081 Unopposed Motion for Thirty-Five Day Extension of Time to File Reply Brief
07/17/2019 61 / 19-1081 Order Granting Motion for Thirty-Five Day Extension of Time to File Reply Brief
07/22/2019 63 / 19-1081 Certificate of Interest for Appellants
07/22/2019 64 / 19-1081 Modified Entry –Corrected Response and Reply Brief filed for Appellants
09/04/2019 65 / 19-1081 Reply Brief for Cross-Appellant (modified)
09/26/2019 67 / 19-1081 Unopposed Motion to File Joint Appendix Out of Time
09/26/2019 68 / 19-1081 Appellant’s and Cross-Appellant’s Joint Appendix
12/17/2019 87 / 19-1081 Notice of Oral Argument
08/06/2020 95 / 19-1081 Opinion
08/06/2020 96 / 19-1081 Judgment
09/28/2020 97 / 19-1081 Mandate
04/30/2024 1 / 24-1757

Notice of Docketing

05/02/2024 / 24-1757

J. Taylor Entry of Appearance

05/07/2024 3 / 24-1757

E. Isaacson Entry of Appearance

05/13/2024 4 / 24-1757

A. Daniel Entry of Appearance

05/14/2024 5 / 24-1757

Notice of Non-Compliance

5/16/2024 6 / 24-1757

A. Daniel Updated Entry of Appearance

05/30/2024 7 / 24-1757

Notice of Related Case Information

05/30/2024 8 / 24-1757

E. Isaacson's Docketing Statement

05/30/2024 9 / 24-1757

USA's Docketing Statement

05/30/2024 10 / 24-1757

E. Isaacson's Certificate of Interest

07/01/2024 11 / 24-1757

Appellant's Opening Brief

07/01/2024 12 / 24-1757

Appendix

07/09/2024 13 / 24-1757

Notice of Non-Compliance

07/16/2024 14 / 24-1757

Corrected Appellant's Opening Brief

07/16/2024 15-1 / 24-1757

Corrected Appendix Volume I

07/16/2024 15-2 / 24-1757

Corrected Appendix Volume II

07/26/2024 16-1 / 24-1757

Mtn for Ext. of Time to File Appellees' Briefs

07/26/2024 16-2 / 24-1757

Affidavit of D. Gupta ISO Mtn for Ext. of Time to File Appellees' Briefs

07/30/2024 17 / 24-1757

ORDER granting motion to extend time to file brief [16] filed by Appellees. The response briefs for Appellees NVLSP, National Consumer Law Center, Alliance for Justice, and the US are due 9/11/2024.

08/30/2024 18-1 / 24-1757

Jt. Mtn for Ext. of Time to File Appellees' Response Briefs

08/30/2024 18-2 / 24-1757 Gupta Decl. ISO Jt. Mtn for Ext. of Time to File Appellees' Response Briefs

08/30/2024 19 / 24-1757 Text Order Granting Motion for Ext. of Time

10/11/2024 20 / 24-1757 Response Brief of Appellee United States
10/11/2024 21 / 24-1757 Response Brief of Plaintiffs-Appellees

DISTRICT COURT DOCUMENTS

Date FiledDkt No.Docket Text
04/21/2016 1 COMPLAINT against All Defendants United States of America ( Filing fee $ 400 receipt number 0090-4495374) filed by NATIONAL VETERANS LEGAL SERVICES PROGRAM, ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to United States Attorney General, # 3 Summons to U.S. Attorney for the District of Columbia)(Gupta, Deepak) (Entered: 04/21/2016)
04/21/2016 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Gupta, Deepak) (Entered: 04/21/2016)
04/21/2016   Case Assigned to Judge Ellen S. Huvelle. (jd) (Entered: 04/22/2016)
04/22/2016 3 SUMMONS (2) Issued Electronically as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 04/22/2016)
04/26/2016 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/25/2016. (Gupta, Deepak) (Entered: 04/26/2016)
04/26/2016 5 NOTICE of Appearance by Elizabeth S. Smith on behalf of All Plaintiffs (Smith, Elizabeth) (Entered: 04/26/2016)
04/26/2016 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William H. Narwold, :Firm- Motley Rice LLC, :Address- 20 Church Street, 17th Floor, Hartford, CT 06103. Phone No. - 860-882-1676. Fax No. - 860-882-1682 Filing fee $ 100, receipt number 0090-4500590. Fee Status: Fee Paid. by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Smith, Elizabeth) (Entered: 04/26/2016)
05/02/2016 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/02/2016. (Gupta, Deepak) (Entered: 05/02/2016)
05/02/2016 8 MOTION to Certify Class by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration of Deepak Gupta, # 2 Declaration of William Narwold, # 3 Declaration of Jonathan Taylor, # 4 Text of Proposed Order)(Gupta, Deepak) (Entered: 05/02/2016)
05/16/2016 9 NOTICE of Appearance by William Mark Nebeker on behalf of UNITED STATES OF AMERICA (Nebeker, William) (Entered: 05/16/2016)
05/16/2016 10 Unopposed MOTION for Extension of Time to File Response/Reply as to MOTION to Certify Class by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/16/2016)
05/17/2016   MINUTE ORDER: It is hereby ORDERED that defendant's unopposed Motion for Extension of Time to File Response/Reply is GRANTED, and defendant's Response is due by July 11, 2016. Signed by Judge Ellen S. Huvelle on May 17, 2016. (lcesh2 ) (Entered: 05/17/2016)
06/27/2016 11 MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit (1 through 5), # 2 Text of Proposed Order) (Nebeker, William) (Entered: 06/27/2016)
07/08/2016 12 Joint MOTION for Extension of Time to File Response/Reply as to MOTION to Certify Class , MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order)(Gupta, Deepak) (Entered: 07/08/2016)
07/08/2016   MINUTE ORDER granting Motion for Extension of Time to File Response re MOTION to Certify Class and MOTION to Dismiss: Upon consideration of the parties' joint motion to extend the briefing schedule, it is hereby ORDERED that the motion is GRANTED; it is FURTHER ORDERED that the time within which the defendant may file a memorandum of points and authorities in response to plaintiffs' motion for class certification is further extended through July 25, 2016, and no additional extensions shall be granted; and it is FURTHER ORDERED that the time within which the plaintiffs may file a memorandum of points and authorities in response to defendant's motion to dismiss is initially extended through July 29, 2016. Signed by Judge Ellen S. Huvelle on July 7, 2016. (AG) (Entered: 07/08/2016)
07/25/2016 13 Memorandum in opposition to re MOTION to Certify Class filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Declaration Garcia, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 07/25/2016)
07/26/2016 14 MOTION to Stay Discovery by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/26/2016)
07/29/2016 15 RESPONSE re MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # 1 Exhibit Govt's MTD in Fisher, # 2 Exhibit Complaint in NVLSP v. USA, # 3 Exhibit Complaint in Fisher)(Gupta, Deepak) (Entered: 07/29/2016)
08/04/2016 16 Unopposed MOTION for Extension of Time to File Response/Reply as to MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/04/2016)
08/04/2016 17 REPLY to opposition to motion re MOTION to Certify Class filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 08/04/2016)
08/05/2016   MINUTE ORDER granting Unopposed Motion for Extension of Time to File Reply re MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment : Upon consideration of the Unopposed Motion For An Enlargement Of Time, And Memorandum In Support Thereof, and for the reasons set forth in support thereof, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the time within which Defendant may file a reply to Plaintiffs' opposition to the pending Motion To Dismiss Or, In The Alternative, For Summary Judgment is enlarged up to and including August 16, 2016. Signed by Judge Ellen S. Huvelle on August 5, 2016. (AG) (Entered: 08/05/2016)
08/09/2016 18 Joint MOTION for Scheduling Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order) (Narwold, William) (Entered: 08/09/2016)
08/16/2016   MINUTE ORDER: It is hereby ORDERED that the Joint Motion for Scheduling Order is GRANTED. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2) (Entered: 08/16/2016)
08/16/2016   MINUTE ORDER: It is hereby ORDERED that defendant's Motion to Stay is DENIED as moot. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2) (Entered: 08/16/2016)
08/16/2016 19 SCHEDULING ORDER: The parties' Joint Motion for Proposed Phased Schedule is hereby GRANTED. See Order for details. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2) (Entered: 08/16/2016)
08/16/2016 20 REPLY to opposition to motion re MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration Second Garcia)(Nebeker, William) (Entered: 08/16/2016)
08/17/2016 21 MOTION for Leave to File Sur-Reply by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit Sur-Reply, # 2 Statement of Facts, # 3 Text of Proposed Order)(Gupta, Deepak) (Entered: 08/17/2016)
08/17/2016 22 RESPONSE re MOTION for Leave to File Sur-Reply filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/17/2016)
10/01/2016 23 NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit Opinion in Fisher v. United States)(Gupta, Deepak) (Entered: 10/01/2016)
12/05/2016   MINUTE ORDER granting in part and denying in part Plaintiffs' Motion for Leave to File Sur-Reply: It is hereby ORDERED that plaintiffs may file [21-2] Plaintiffs' Concise Statement of Genuine Issues of Material Fact, but plaintiffs may not file [21-1] Plaintiffs' Sur-Reply. A sur-reply is unnecessary because plaintiffs seek to reply to a statement that defendant originally presented in its motion to dismiss. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2) (Entered: 12/05/2016)
12/05/2016 24 ORDER denying Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2) (Entered: 12/05/2016)
12/05/2016 25 MEMORANDUM OPINION in support of Order Denying Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2) (Entered: 12/05/2016)
12/05/2016 26 SUPPLEMENTAL MEMORANDUM (Statement of Genuine Issues of Material Fact) to re MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (znmw) (Entered: 12/06/2016)
12/15/2016   MINUTE ORDER Setting Hearing on Motion: It is hereby ORDERED that a motion hearing on Plaintiffs' MOTION to Certify Class is set for 1/18/2017 at 02:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on December 15, 2016. (lcesh2) (Entered: 12/15/2016)
12/19/2016 27 ANSWER to Complaint by UNITED STATES OF AMERICA.(Nebeker, William) (Entered: 12/19/2016)
01/18/2017   Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 1/18/2017, re MOTION to Certify Class, heard and taken under advisement. (Court Reporter Scott Wallace) (gdf) (Entered: 01/18/2017)
12/19/2016 28 AFFIDAVIT re MOTION to Certify Class of Daniel L. Goldberg by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)
01/20/2017 29 AFFIDAVIT re MOTION to Certify Class of Stuart Rossman by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)
01/20/2017 30 AFFIDAVIT re MOTION to Certify Class of Barton F. Stichman by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)
01/20/2017 31 AFFIDAVIT re MOTION to Certify Class of Deepak Gupta (Second) by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gupta, Deepak) (Entered: 01/20/2017)
01/24/2017 32 ORDER granting Plaintiffs' Motion to Certify Class for the reasons stated in the accompanying Memorandum Opinion. See Order for details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)
01/24/2017 33 MEMORANDUM OPINION in support of Order Granting Plaintiffs' Motion to Certify Class. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)
01/24/2017 34 SCHEDULING ORDER: See Order for deadlines and details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)
02/14/2017 35 TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 1-18-17; Page Numbers: (1-29). Date of Issuance:1-29-17. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the Transcript Order Form. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/7/2017. Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction set for 5/15/2017.(Wallace, Scott) (Entered: 02/14/2017)
02/21/2017 36 NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 02/21/2017)
02/23/2017 37 Unopposed MOTION For Approval of Plan of Class Notice by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Narwold, William) (Entered: 02/23/2017)
02/28/2017 38 RESPONSE re Unopposed MOTION For Approval of Plan of Class Notice filed by UNITED STATES OF AMERICA. (Nebeker, William) (Entered: 02/28/2017)
02/28/2017 39 NOTICE of Joint Filing of Proposed Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM re Unopposed MOTION For Approval of Plan of Class Notice (Attachments: # 1 Text of Proposed Order) (Narwold, William) (Entered: 03/31/2017)
03/31/2017 40 Consent MOTION for Protective Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order) (Narwold, William) (Entered: 03/31/2017)
04/03/2017 41 STIPULATED PROTECTIVE ORDER granting Motion for Protective Order. Signed by Judge Ellen S. Huvelle on April 3, 2017. (lcesh2) (Entered: 04/03/2017)
04/13/2017 42 Unopposed MOTION for Approval of Revised Plan of Class Notice and Class Notice Documents by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Narwold, William) (Entered: 04/13/2017)
04/14/2017 43 NOTICE of Filing of Revised Notice Documents by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Narwold, William) (Entered: 04/14/2017)
04/17/2017 44 ORDER granting Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents: See Order for details. Signed by Judge Ellen S. Huvelle on April 17, 2017. (lcesh2) (Entered: 04/17/2017)
04/17/2017   MINUTE ORDER finding as moot Motion for Approval of Class Notice in light of approval of Motion for Approval of Revised Class Notice. Signed by Judge Ellen S. Huvelle on April 17, 2017. (AG) (Entered: 04/17/2017)
05/22/2017 45 NOTICE to Exclude by ROSEMARIE HOWELL re ORDER granting Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents (jf) (Entered: 05/24/2017)
06/15/2017 46 MOTION for Order for Exclusion by ROB RAWSON. "Let this be filed" signed by Judge Ellen Segal Huvelle on 06/09/2017 (jf) Modified event title on 6/16/2017 (znmw). (Entered: 06/15/2017)
06/15/2017   MINUTE ORDER: It is hereby ORDERED that the Clerk shall mail a copy of NOTICE of and MOTION For An Order For Exclusion filed by ROB RAWSON to the PACER Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434. Signed by Judge Ellen S. Huvelle on June 15, 2017. (lcesh2) (Entered: 06/15/2017)
07/05/2017 47 NOTICE of Change of Address by Deepak Gupta (Gupta, Deepak) (Entered: 07/05/2017)
07/05/2017 48 Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order )(Gupta, Deepak) (Entered: 07/05/2017)
07/05/2017   MINUTE ORDER granting Unopposed Motion for Extension of Time to File Motion for Summary Judgment: Upon consideration of the plaintiffs' unopposed motion to extend the briefing schedule, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the time within which the plaintiffs may file their motion for summary judgment solely on the issue of liability, i.e., whether the fees charged to access records through PACER violate the E-Government Act of 2002, Pub. L. No. 107-347, § 205(e), 116 Stat. 2899, 2915 (Dec. 17, 2002) (28 U.S.C. § 1913 note), is extended through August 28, 2017; and it is FURTHER ORDERED that the defendant shall file its opposition 20 days after this date, on September 18, 2017, and the plaintiffs' reply is due 10 days after that, on September 28, 2017, consistent with this Courts scheduling order entered on January 24, 2017. Signed by Judge Ellen S. Huvelle on July 5, 2017. (AG) (Entered: 07/05/2017)
07/07/2017   Set/Reset Deadlines: Plaintiff's Summary Judgment motion due by 8/28/2017. Response to Motion for Summary Judgment due by 9/18/2017. Plaintiff's Reply in support of Motion for Summary Judgment due by 9/28/2017. (hs) (Entered: 07/07/2017)
07/17/2017 49 MOTION for Leave to File Amicus Curiae, MOTION to Appear by Phone, by DON KOZICH (Attachments: # 1 Exhibit Application to Proceed In Forma Pauperis)(jf) Modified text on 7/19/2017 (znmw). (Entered: 07/18/2017)
07/19/2017 50 SUPPLEMENT re NOTICE to Exclude by ROSEMARIE HOWELL re ORDER granting 42 Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents filed by ROSEMARIE HOWELL. (jf) (Entered: 07/19/2017)
08/24/2017 51 NOTICE of Change of Address by Elizabeth S. Smith (Smith, Elizabeth) (Entered: 08/24/2017)
08/28/2017 52 MOTION for Summary Judgment as to Liability by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Declaration Declaration of Jonathan Taylor, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Declaration Declaration of Thomas Lee and Michael Lissner, #16 Statement of Facts Plaintiffs' Statement of Undisputed Material Facts)(Gupta, Deepak) (Entered: 08/28/2017)
09/05/2017 53 MOTION for Leave to File Amicus Curiae Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order , # 3 Certificate of Corporate Disclosure) (Brown, Bruce) (Entered: 09/05/2017)
09/05/2017 54 NOTICE of Appearance by Sasha Samberg-Champion on behalf of AMERICAN ASSOCIATION OF LAW LIBRARIES (Samberg-Champion, Sasha) (Entered: 09/05/2017)
09/05/2017 55 MOTION for Leave to File Brief Amici Curiae by AMERICAN ASSOCIATION OF LAW LIBRARIES (Attachments: # 1 Proposed Brief , # 2 Text of Proposed Order)(Samberg-Champion, Sasha) (Entered: 09/05/2017)
09/05/2017 56 MOTION for Leave to File Amicus Curiae Brief by JOSEPH I. LIEBERMAN (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Bailen, Mark) (Entered: 09/05/2017)
09/13/2017 57 MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Field, Brian) (Entered: 09/13/2017)
09/13/2017   MINUTE ORDER granting Movants' Motions for Leave to File Briefs as Amicus Curiae: Upon consideration of the above-referenced motions, plaintiffs' consent and defendant's representation that it will not oppose, it is hereby ORDERED that the motions are GRANTED and movants are granted leave to file briefs as amicus curiae. Signed by Judge Ellen S. Huvelle on September 13, 2017. (AG) (Entered: 09/13/2017)
09/13/2017 58 RESPONSE re MOTION for Extension of Time to File Response/Reply filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 09/13/2017)
09/13/2017 59 AMICUS BRIEF by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AMERICAN SOCIETY OF NEWSPAPER EDITORS, ASSOCIATED PRESS MEDIA EDITORS, ASSOCIATION OF ALTERNATIVE NEWS MEDIA, CENTER FOR INVESTIGATIVE REPORTING, FIRST AMENDMENT COALITION, FIRST LOOK MEDIA WORKS, INC., INTERNATIONAL DOCUMENTARY ASSOCIATION, INVESTIGATIVE REPORTING WORKSHOP, MEDIA CONSORTIUM, MPA, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, ONLINE NEWS ASSOCIATION, RADIO TELEVISION DIGITAL NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, SEATTLE TIMES COMPANY, SOCIETY OF PROFESSIONAL JOURNALISTS, TULLY CENTER FOR FREE SPEECH. (znmw) (Entered: 09/14/2017)
09/13/2017 60 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN SOCIETY OF NEWSPAPER EDITORS, ASSOCIATED PRESS MEDIA EDITORS, ASSOCIATION OF ALTERNATIVE NEWS MEDIA, CENTER FOR INVESTIGATIVE REPORTING, FIRST AMENDMENT COALITION, FIRST LOOK MEDIA WORKS, INC., INTERNATIONAL DOCUMENTARY ASSOCIATION, INVESTIGATIVE REPORTING WORKSHOP, MEDIA CONSORTIUM, MPA, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, ONLINE NEWS ASSOCIATION, RADIO TELEVISION DIGITAL NEWS ASSOCIATION, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, REPORTERS WITHOUT BORDERS, SEATTLE TIMES COMPANY, SOCIETY OF PROFESSIONAL JOURNALISTS, TULLY CENTER FOR FREE SPEECH identifying Other Affiliate SYRACUSE UNIVERSITY for TULLY CENTER FOR FREE SPEECH; Other Affiliate AMERICAN UNIVERSITY SCHOOL OF COMMUNICATION for INVESTIGATIVE REPORTING WORKSHOP; Corporate Parent MCCLATCHY COMPANY for SEATTLE TIMES COMPANY. (znmw) (Entered: 09/14/2017)
09/13/2017 61 AMICUS BRIEF by AMERICAN ASSOCIATION OF LAW LIBRARIES, DEBORAH BEIM, THOMAS BRUCE, PHILLIP MALONE, JONATHAN ZITTRAIN. (znmw) (Entered: 09/14/2017)
09/13/2017 62 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN ASSOCIATION OF LAW LIBRARIES. (See Docket Entry 61 to view document). (znmw) (Entered: 09/14/2017)
09/13/2017 63 AMICUS BRIEF by JOSEPH I. LIEBERMAN, DARRELL ISSA. (znmw) (Entered: 09/14/2017)
09/14/2017   MINUTE ORDER granting in part and denying in part defendant's Motion for Extension of Time to File Response re plaintiffs' MOTION for Summary Judgment as to Liability: Upon consideration of defendant's motion, plaintiff's partial consent and partial opposition thereto, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall have until November 2, 2017, to file its response to plaintiffs' motion for summary judgment; and it is further ORDERED that plaintiffs reply is due by November 13, 2017. Signed by Judge Ellen S. Huvelle on September 14, 2017. (AG) (Entered: 09/14/2017)
09/25/2017 64 Verified MOTION For Free Access To Pacer by DON KOZICH (jf) (Entered: 09/27/2017)
09/29/2017 65 RESPONSE re MOTION For Free Access To Pacer filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak)
10/02/2017 66 ORDER DENYING as moot Motion for Free Access to PACER Until Final Disposition of this Case. Signed by Judge Ellen S. Huvelle on October 2, 2017. (lcesh2,)
10/13/2017 67 MOTION to Clarify Minute Order dated 09/13/2017 by DON KOZICH (jf)
10/17/2017 68 ORDER denying Motion for Leave to File Amicus Brief and to Appear Telephonically, denying as moot Motion to Clarify; see Order for details. Signed by Judge Ellen S. Huvelle on October 17, 2017. (lcesh2)
10/30/2017 69 Unopposed MOTION for Extension of Time to File Response/Reply as to MOTION for Summary Judgment as to Liability by UNITED STATES OF AMERICA (Attachments: # (1) Text of Proposed Order)(Nebeker, William)
11/01/2017 70 MOTION for Reconsideration re Order on Motion for Miscellaneous Relief, Order on Motion for Leave to File, Order on Motion to Clarify by DON KOZICH (Attachments: # (1) Exhibit)(jf)
11/06/2017 71 ORDER denying Motion for Reconsideration of October 17, 2017 Order Denying Petitioners Motion for Clarification of September 13, 2017 Order and Denying Petitioners Motion to File Amicus Curiae; and granting Movant access to documents filed in this case. See Order for details. Signed by Judge Ellen S. Huvelle on November 6, 2017. (lcesh2)
10/30/2017 72 Verified MOTION with Briefing by ROSEMARIE HOWELL (Attachments: # (1) Appendix 1, # (2) Appendix 2, # (3) Appendix 3)(jf)
11/09/2017   MINUTE ORDER: It is hereby ORDERED that Rosemarie Howell's Verified Motion with Briefing is STRICKEN from the docket as filed without leave of Court; it is further ORDERED that leave to file is denied because Rosemarie Howell has opted out of the class, see ECF 45; and it is further ORDERED that the Clerk shall return the motion to Rosemarie Howell, along with a copy of this Minute Order. Signed by Judge Ellen S. Huvelle on November 9, 2017. (lcesh2)
11/17/2017 73 Cross MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # (1) Memorandum in Support, # (2) Declaration Decl. of W. Skidgel, # (3) Statement of Facts, # (4) Text of Proposed Order)(Field, Brian)
11/17/2017 74 Memorandum in opposition to re MOTION for Summary Judgment as to Liability filed by UNITED STATES OF AMERICA. (Attachments: # (1) Memorandum in Support, # (2) Declaration Decl. of W. Skidgel, # (3) Statement of Facts, # (4) Text of Proposed Order)(Field, Brian)
12/05/2017 75 REPLY to opposition to motion re MOTION for Summary Judgment as to Liability, Cross MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # (1) Statement of Facts Response to Defendant's Statement of Facts)(Gupta, Deepak)
12/06/2017 76 No document attached – Memorandum in opposition to re Cross MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (See Docket Entry [75] to view document). (znmw)
12/08/2017   MINUTE ORDER granting in part and denying in part defendant's opposed Motion for Extension of Time to File Reply re Cross Motion for Summary Judgment: Upon consideration of the above-referenced motion, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that defendant shall have until January 5, 2018, to file its reply in support of its cross-motion for summary judgment. Signed by Judge Ellen S. Huvelle on December 8, 2017. (lcesh2)
12/08/2017 77 MOTION for Extension of Time to File Response/Reply as ot Cross MOTION for Summary Judgment by UNITED STATES OF AMERICA (Field, Brian)
12/15/2017 78 LEAVE TO FILE DENIED- Declaration of Amended Service. This document is unavailable as the Court denied its filing. "Leave To File Denied" Signed by Judge Ellen S. Huvelle on 12/12/2017. (jf)
01/05/2018 79 REPLY to opposition to motion re Cross MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Field, Brian)
02/27/2018   MINUTE ORDER Setting Hearing on Motions: It is hereby ORDERED that a hearing on 52 plaintiffs’ MOTION for Summary Judgment as to Liability and 73 defendant’s Cross MOTION for Summary Judgment is set for Monday, March 19, 2017, at 11:00 a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on February 27, 2018 (AG) (Entered: 02/27/2018)
03/01/2018 80 Consent MOTION to Continue Motions Hearing by UNITED STATES OF AMERICA (Field, Brian) (Entered: 03/01/2018)
03/02/2018   MINUTE ORDER granting in part and denying in part 80 Consent Motion to Continue: Upon consideration of the Consent Motion to Continue, it is hereby ORDERED that the motion is granted in part and denied in part; and it is further ORDERED that the Summary Judgment Motions Hearing presently set for 03/19/2018 is CONTINUED to 03/21/2018 at 11:00 AM in Courtroom 23A. Signed by Judge Ellen S. Huvelle on March 2, 2018. (AG) (Entered: 03/02/2018)
03/15/2018 81 NOTICE Of Filing by UNITED STATES OF AMERICA re 52 MOTION for Summary Judgment as to Liability, Order Setting Hearing on Motion, 73 Cross MOTION for Summary Judgment (Attachments: # 1 Exhibit Tabs 1 through 40)(Nebeker, William) (Entered: 03/15/2018)
03/21/2018 82 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Meghan Oliver, :Firm- Motley Rice LLC, :Address- 28 Bridgeside Blvd, Mt. Pleasant, SC 29464. Phone No. - 843-216-9492. Fax No. - 843-216-9430 Filing fee $ 100, receipt number 0090-5382765. Fee Status: Fee Paid. by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration Declaration of Meghan Oliver, # 2 Text of Proposed Order Proposed Order)(Smith, Elizabeth) (Entered: 03/21/2018)
03/21/2018   MINUTE ORDER: It is hereby ORDERED that the hearing on plaintiffs' MOTION for Summary Judgment as to Liability and defendant's Cross MOTION for Summary Judgment is CONTINUED from Wednesday, March 21, 2018, to Friday, March 23, 2018, at 1:30 p.m. in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on March 21, 2018. (AG) (Entered: 03/21/2018)
03/21/2018   MINUTE ORDER granting 82 Unopposed Motion for Leave to Appear Pro Hac Vice: Upon consideration of the above-referenced motion, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that Meghan Oliver is admitted pro hac vice for the purpose of appearing in the above-captioned case. Signed by Judge Ellen S. Huvelle on March 21, 2018. (AG) (Entered: 03/21/2018)
03/21/2018 83 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Taylor, :Firm- Gupta Wessler PLLC, :Address- [email protected]. Phone No. - 2028881741. Fax No. - 2028887792 Address: 1900 L Street NW, Suite 312, Washington DC 20036 Filing fee $ 100, receipt number 0090-5383035. Fee Status: Fee Paid. by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration of Jonathan Taylor, # 2 Text of Proposed Order)(Gupta, Deepak) (Entered: 03/21/2018)
03/21/2018   MINUTE ORDER granting 83 Unopposed Motion for Leave to Appear Pro Hac Vice: Upon consideration of the Unopposed MOTION for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that Jonathan Taylor is admitted pro hac vice for the purpose of appearing in proceedings in the above-captioned case. Counsel is reminded that pursuant to LCvR 83.2(c)(2) "An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court." Signed by Judge Ellen S. Huvelle on March 21, 2018. (AG) (Entered: 03/21/2018)
03/22/2018   Set/Reset Hearings: Motion Hearing set for 3/23/2018 at 1:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf) (Entered: 03/22/2018)
03/23/2018   Minute Entry; for proceedings held before Judge Ellen S. Huvelle: Oral Arguments held on 3/23/2018. Plaintiffs' 52 MOTION for Summary Judgment as to Liability and Defendant's 73 Cross MOTION for Summary Judgment; heard and Taken Under Advisement. (Court Reporter Lisa Griffith) (hs) (Entered: 03/23/2018)
03/24/2018 84 NOTICE by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G)(Field, Brian) (Entered: 03/24/2018)
03/28/2018 85 RESPONSE to Defendant's supplemental authority by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM re 84 Notice (Other) (Gupta, Deepak) Modified event title on 3/29/2018 (znmw). (Entered: 03/28/2018)
03/29/2018 86 RESPONSE re 85 Notice (Other) filed by UNITED STATES OF AMERICA. (Field, Brian) (Entered: 03/29/2018)
03/29/2018 87 REPLY re 86 Response to Document filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 03/29/2018)
03/31/2018 88 ORDER denying 52 plaintiffs' Motion for Summary Judgment; granting in part and denying in part 73 defendant's Motion for Summary Judgment; and setting Status Conference for 4/18/2018 at 03:00 PM in Courtroom 23A. Joint status report due by April 16, 2018. Signed by Judge Ellen S. Huvelle on March 31, 2018. (AG) (Entered: 03/31/2018)
03/31/2018 89 MEMORANDUM OPINION accompanying Order, ECF No. 88 , denying 52 plaintiffs' Motion for Summary Judgment and granting in part and denying in part defendant's Cross-Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on March 31, 2018. (AG) Modified on 4/2/2018 to remove attachment. Attachment docketed separately for opinion posting purposes.(ztnr) (Entered: 03/31/2018)
03/31/2018 90 ATTACHMENT to 89 Memorandum & Opinion Signed by Judge Ellen S. Huvelle on March 31, 2018. (ztnr) (Entered: 04/02/2018)
04/02/2018   Set/Reset Deadlines: Joint Status Report due by 4/16/2018. (gdf) (Entered: 04/02/2018)
04/16/2018 91 Joint STATUS REPORT Proposing a Schedule to Govern Further Proceedings by ALLIANCE FOR JUSTINCE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Narwold, William) (Entered 04/16/2018)
04/18/2018   Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 4/18/2018. Status Report due by 5/11/2018. Status Conference set for 5/18/2018 at 1:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (Court Reporter Lisa Griffith) (gdf) (Entered: 04/18/2018)
04/18/2018 92 ORDER setting Status Conference for May 18, 2018, at 1:30 p.m. in Courtroom 23A. Joint Status Report due by May 11, 2018. See order for details. Signed by Judge Ellen S. Huvelle on April 18, 2018. (AG) (Entered: 04/18/2018)
04/26/2018 93 MOTION for Extension of Time to File Status Report, MOTION to Continue Status Conference by UNTED STATES OF AMERICA (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Field, Brian) (Entered: 04/26/2018)
04/27/2018   MINUTE ORDER denying 93 Motion for Extension of Time to file Status Report; granting in part and denying in part 93 Motion to Continue Status Conference: Upon consideration of defendant’s motion, plaintiffs’ opposition thereto, and the entire record herein, it is hereby ORDERED that defendant’s motion for an extension of time to file a status report is DENIED; and it is further ORDERED that defendant’s motion to continue the Status Conference presently set for May 18, 2018, is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that the Status Conference presently scheduled for May 18, 2018, is RESCHEDULED to May 17, 2018, at 11:00 a.m. in Courtroom 23A. Signed by Judge Ellen S. Huvelle on April 27, 2018. (AG) (Entered: 04/27/2018)
05/11/2018 94 Joint STATUS REPORT by UNITED STATES OF AMERICA. (Field, Brian) (Entered: 05/11/2018)
05/17/2018 95 TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 3-23-18; Page Numbers: 1-121. Date of Issuance: 5-17-18. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order Form
For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 6/7/2018. Redacted Transcript Deadline set for 6/17/2018. Release of Transcript Restriction set for 8/15/2018.(Griffith, Lisa) (Entered: 05/17/2018)
05/17/2018 96 TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 4-18-18; Page Numbers: 1-38. Date of Issuance: 5-17-18. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order Form
For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 6/7/2018. Redacted Transcript Deadline set for 6/17/2018. Release of Transcript Restriction set for 8/15/2018.(Griffith, Lisa) (Entered: 05/17/2018)
05/17/2018   Minute Entry for Proceedings held before Judge Ellen S. Huvelle on 5/17/18: Status Conference held. Order to be issued. Joint Status Report due by 7/13/18. Further Status Conference set for 7/18/18 at 12:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (Court Reporter: Lisa Griffith) (Entered: 05/17/2018)
05/17/2018 97 ORDER re discovery and future proceedings. Joint Status Report due by 7/13/2018. Status Conference set for 7/18/2018 at 12:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. See order for details. Signed by Judge Ellen S. Huvelle on May 17, 2018. (AG) (Entered: 05/17/2018)
07/13/2018 98 Joint STATUS REPORT by UNITED STATES OF AMERICA. (Field, Brian) (Entered: 07/13/2018)
07/13/2018 99 MOTION for Certification for interlocutory appeal, MOTION to Stay by UNITED STATES OF AMERICA (Attachments: #1Memorandum in Support, #2 Text of Proposed Order)(Field, Brian). Added MOTION to Stay on 7/17/2018 (jf). (Entered: 07/13/2018)
07/18/2018   Minute Entry for proceedings held before Judge Ellen S. Huvelle; Status Conference held on 7/18/2018. Parties should submit a report by the C.O.B. on Friday, 7/20/18. (Court Reporter: Scott Wallace) (gdf) (Entered: 07/19/2018)
07/20/2018 100 NOTICE Regarding Annual Courtroom Technology Expenditures by UNITED STATES OF AMERICA (Field, Brian) (Entered: 07/20/2018)
07/20/2018 101 Joint STATUS REPORT by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 07/20/2018)
07/27/2018 102 RESPONSE re 99 MOTION for Certification for interlocutory appeal MOTION to Stay filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupka, Deepak) (Entered: 07/27/2018)
08/02/2018 103 REPLY to opposition to motion re 99 MOTION for Certification for interlocutory appeal MOTION to Stay filed by UNITED STATES OF AMERICA. (Field, Brian) (Entered: 08/02/2018)
08/13/2018 104 ORDER granting in part and denying in part 99 defendant’s Motion for to Certify Orders for Interlocutory Appeal; amending Order filed on March 31, 2018, ECF No. 88, to certify for interlocutory appeal for the reasons stated in an accompanying Memorandum Opinion, ECF No. 105; and granting 99 unopposed Motion to Stay. See order for details. Signed by Judge Ellen S. Huvelle on August 13, 2018. (AG) (Entered: 08/13/2018)
08/13/2018 105 MEMORANDUM OPINION accompanying August 13, 2018 Order, ECF No. 104, re certification of March 31, 2018 Order, ECF No. 88 for interlocutory appeal. Signed by Judge Ellen S. Huvelle on August 13, 2018. (AG) (Entered: 08/13/2018)
08/20/2018 106 TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 7-18-18; Page Numbers: 1-21. Date of Issuance:7-18-18. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the Transcript Order Form

For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS:The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 9/10/2018. Redacted Transcript Deadline set for 9/20/2018. Release of Transcript Restriction set for 11/18/2018.(Wallace, Scott) (Entered: 08/20/2018)
11/28/2018 107 NOTICE OF GRANT OF PERMISSION TO APPEAL UNDER 28 U.S.C. § 1292(B)by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. Filing fee $ 505, receipt number 0090-5811958. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 USCA Order )(Narwold, William) Modified on 11/29/2018 to correct docket event/text (jf). (Entered: 11/28/2018)
11/29/2018 108 Transmission of the Notice of Grant of Permission to Appeal Under 28 U.S.C. § 1292(B)and Docket Sheet to Federal Circuit. The appeal fee was paid this date re 107 Notice of Appeal to the Federal Circuit. (jf) (Entered: 11/29/2018)
09/10/2020 109 ENTERED IN ERROR.....Case randomly reassigned to Judge Christopher R. Cooper. Judge Ellen S. Huvelle is no longer assigned to the case. (rj) Modified on 9/11/2020 (rj). (Entered: 09/11/2020)
09/10/2020 110 Case directly reassigned to Judge Paul L. Friedman by consent. Judge Christopher R. Cooper is no longer assigned to the case. (rj) (Entered: 09/11/2020)
09/28/2020 111 MANDATE of USCA as to 107 Notice of Appeal to the Federal Circuit, filed by ALLIANCE FOR JUSTICE, NATIONAL VETERANS LEGAL SERVICES PROGRAM, NATIONAL CONSUMER LAW CENTER ; USCA Case Number 19-1081, 19-1083. (Attachments: # 1 USCA Judgment)(zrdj) (Entered: 09/29/2020)
ECF Notice re Order re jt status rpt due by 12-23-20 (12-11-20)
12/23/2020 112 Joint STATUS REPORT by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak)
Minute Order re [112] Jt Status Order_matter is STAYED until Jun 25, 2021 (12-29-20)
06/02/2021 113 NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES OF AMERICA Substituting for attorney W. Mark Nebeker (Caplen, Robert)
06/03/2021 114 NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of UNITED STATES OF AMERICA Substituting for attorney Brian J. Field (Simon, Jeremy)
06/16/2021 115 Joint STATUS REPORT by NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Narwold, William)
Minute Order re [115] Jt Status Order_matter is STAYED until Sept 23, 2021 (6-16-21)
08/26/2021 116 MOTION to Intervene, MOTION to Modify by MICHAEL T. PINES. (Attachments: # (1) Declaration redacted)(ztd); ("Leave to file Granted" signed 8/26/2021 by Judge Paul L. Friedman) Modified on 10/1/2021 (znmw). Added MOTION for Sanctions on 10/1/2021 (znmw).
Minute Order Counsel to File Resp to [116] Pines Mtn to Intervene by 9-10-21
08/26/2021 117 SEALED DOCUMENT (MOTION FOR INTERVENTION AND LEAVE TO FILE) filed by MICHAEL T. PINES. (This document is SEALED and only available to authorized persons.) (Attachments: # (1) Declaration)(ztd);("Leave to File Granted - Document Under Seal" signed 8/26/2021 by Judge Paul L. Friedman)
09/08/2021 118 MOTION for Extension of Time to File Response to Motion for Intervention, to Modify Class Certification Order, and for Sanctions by UNITED STATES OF AMERICA. (Attachments: # (1) Proposed Order)(Simon, Jeremy) Modified event on 9/9/2021 (ztd).
09/09/2021 119 ORDER granting [118] defendant's motion for extension of time up to and including October 1, 2021 within which to respond to motion for intervention, to modify class certification order and for sanctions. Signed by Judge Paul L. Friedman on September 9, 2021. (MA)
09/09/2021 120 Memorandum in opposition to re [118] MOTION for Extension of Time to File Response/Reply filed by MICHAEL T. PINES. (ztd)
09/09/2021 121 NOTICE by MICHAEL T. PINES (ztd)
ECF Ntc re Minute Order re [121] Ntc by Michael T Pines (see attach) 9-14-21
09/10/2021 122 RESPONSE re [116] MOTION to Intervene MOTION for Leave to File filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak)
09/15/2021 123 Joint STATUS REPORT by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Narwold, William)
ECF Notice re Stay Extended to 11-22-21 (Jt Status Rpt Due 11-15-21
10/01/2021 124 RESPONSE re [116] MOTION to Intervene MOTION for Leave to File filed by UNITED STATES OF AMERICA. (Simon, Jeremy)
Minute Order re [122] [124]_parties to file supp briefs on or before Oct 26, 2021 (10-12-21)
10/21/2021 125 Emergency MOTION for Order to Reactivate PACER Account by MICHAEL T. PINES. "Let this be filed," signed by Judge Paul L. Friedman on 10/21/2021. (znmw)
10/26/2021 126 SUPPLEMENTAL MEMORANDUM to re Order,, (Supplemental Brief In Response To Court Order Dated October 12, 2021) filed by UNITED STATES OF AMERICA. (Simon, Jeremy)
10/26/2021 127 RESPONSE TO ORDER OF THE COURT re Order,, REGARDING MICHAEL PINESS MOTION FOR INTERVENTION, TO MODIFY THE CLASS DEFINITION, AND FOR SANCTIONS filed by NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak)
11/01/2021 128 RESPONSE re [125] MOTION for Order (Defendant's Response to Michael Pines' Motion to Reactivate Pines' PACER Account) filed by UNITED STATES OF AMERICA. (Simon, Jeremy)
11/15/2021 129 Joint STATUS REPORT by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Narwold, William)
Minute Order re [129] Jt Status Rpt_matter is STAYED until Jan 27, 2022 (11-16-21)
11/16/2021 130 MEMORANDUM OPINION AND ORDER denying [116] Mr. Pines pro se Motion for Intervention and for Leave to File Complaint in Intervention, Motion to Modify Class Certification Order, and for Sanctions; denying as moot Mr. Pines Motion for Pretrial Conference and to Appoint a Special Master; denying as moot [125] Mr. Pines Emergency Motion for Order to Reactivate PACER Account; and granting Mr. Pines Application to Proceed in District Court Without Prepaying Fees or Costs. The Clerk of the Court is directed to file that application on the docket in this case. Signed by Judge Paul L. Friedman on November 16, 2021. (MA)
11/15/2021 131 PER CURIAM ORDER of USCA (certified copy) filed re: petitioner Michael T. Pines, granting motion for in forma pauperis; dismissing petition for writ of mandamus; dismissing as moot motion to reactivate Pacer account; USCA Case Number 21-5204. (znmw)
12/17/2021 132 Notice of Appeal as to [130] Memo and Opinion
12/17/2021 133 Transmission of Notice of Appeal
12/27/2021 ECF Ntc re Case Number 21-5291 for [132] Ntc by Michael T Pines
01/20/2021 134 Joint Status Report
1/21/2021 Minute Order re [134] Jt Status Order_matter is STAYED until Apr 8, 2022
04/01/2022 135 Joint Status Report
05/17/2022 136 Joint Status Report
05/18/2022 Minute Order re [135] and [136] Jt Status Order_matter is STAYED until July 12, 2022
06/29/2022 137 Joint Status Report
06/30/2022 Minute Order re [137] Jt Status Order_matter is STAYED until Aug 26, 2022
08/12/2022 138 Joint Status Report
08/12/2022 Minute Order re [138] Jt Status Order_matter is STAYED until Sept 26, 2022
09/22/2022 139 Joint Status Report
09/22/2022 Minute Order re [139] Jt Status Order_matter is STAYED until Oct 15, 2022
10/11/2022 140 Plaintiffs’ Motion for Preliminary Approval of Class Settlement (Attachments: #1 Proposed Order)
10/11/2022 141 Declaration of Deepak Gupta in Support of Plaintiffs’ Motion for Preliminary Approval of Class Settlement (Attachments: #1 Exhibit A – Settlement Agreement, #2 Exhibit B – Settlement Agreement Addendum, #3 Exhibit C – Notice Plan and Exhibits, #4 Exhibit D – Declaration of KCC)
10/28/2022 142 Defendant’s Response to Motion for Preliminary Approval of Class Settlement
11/14/2022 143 Mandate of USCA as to [132] Notice of Appeal by Michael T Pines (Attachments: #1 USCA Order of 09/28/2022)
11/28/2022 Minute Order Setting Status Conference for 12/06/2022
12/06/2022 Minute Order Regarding Status Conference Held on 12/06/2022
12/07/2022 Minute Order Setting Status Conference for 01/12/2023
01/11/2023 144 Stipulated Supplement to Protective Order
01/12/2023 Minute Order Vacating Status Conference on 01/12/2023
01/13/2023 145 Notice of Transcript of Proceedings on 12/06/2022
01/17/2023 Minute Order Setting Status Conference for 02/22/2023
02/02/2023 146 Order Approving [144] Protective Order
02/22/2023 Minute Order Setting Status Conference for 04/05/2023
03/29/2023 147 Notice of Substitution of Counsel
04/05/2023 Minute Order Regarding Status Conference Held on 04/05/2023
04/12/2023 148 Plaintiffs' Revised Motion for Preliminary Approval of Class Settlement (Attachments: #1 Proposed Order)
04/12/2023 149 Revised Declaration of Deepak Gupta in Support of Plaintiffs' Revised Motion for Preliminary Approval of Class Settlement (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - First Amendment to Settlement Agreement, #3 Exhibit C - Second Amended to the Settlement Agreement, #4 Exhibit D - Revised Notice Plan and Exhibits, #5 Exhibit E - Declaration of KCC)
04/26/2023 150 Defendant’s Response to [148] Revised Motion for Preliminary Approval of Class Settlement
04/27/2023 151 Reply in Further Support of [148] Plaintiffs’ Revised Motion for Preliminary Approval of Class Settlement (Attachments: #1 Proposed Order)
05/08/2023 152 Notice of Submission of Revised Proposed Order and Revised Notice Documents (Attachments: #1 Email Notice, #2 Email Notice, #3 Postcard Notice, #4 Postcard Notice, #5 Website Notice, #6 Publication Notice, #7 Revise Proposed Order)
05/08/2023 153 Order Granting Plaintiffs’ Revised Motion for Preliminary Approval of Class Settlement
06/07/2023 154 Motion to Amend Opt-Out Deadline
06/07/2023 Proposed Order
06/07/2023 155 Order grtng [154] Ps' Mtn to Amend Opt-Out Deadline
08/28/2023 156 Ntc Subsitution of Counsel as B Gonzalez Horowitz for USA 7-3-23
08/28/2023 157 Appearance by John Troy obo Troy Law PLLC
08/28/2023 158 Mtn Settlement Final Approval & Atty Fees 8-28-23 (Attachments: #1 Decl NVLSP, #2 Decl NCLC, #3 Decl AFJ, #4 Decl B Fitzpatrick, #5 Decl D Gupta, #6 Decl M Oliver, #7 Decl G Santiago, #8 Prop Order)
09/12/2023 159 D USA Resp to Plfs [158] Mtn for Settlement Final Approval Mtn Attys Fees
10/03/2023 160 Ps' Reply iso [158] Mtn Settlement Final Approval & Atty Fees 10-3-23 (Attachments: #1 Suppl Decl of Brian Fitzpatrick 10-3-23, #2 Decl of William Rubenstein 10-3-23, #3 Suppl Decl of Deepak Gupta 10-3-23, #4 Decl of Meghan Oliver 10-3-23, #5 Decl of Gio Santiago 10-3-23)
10/04/2023 161 Order Changing Settlement Hearing Location
10/04/2023 162 Order Setting Settlement Hearing Procedures
10/11/2023 163 Objection to Settlement by Don Kozich (Attachments: #1 Exhibits, #2 Cert of Service)
10/11/2023 164 Mtn Leave to Appear by Don Kozich
10/11/2023 165 Plfs Response to Obj of Don Kozich 10/11/23
10/11/2023 166 Notice of Filing of All Objections (Attachments: #1 Greenspan Objection, #2 Jiggetts Objection, #3 Miller Objection, #4 Kozich Objection, #5 Isaacson Objection, #6 Isaacson Written Statement)
10/13/2023 167 M. Oliver Notice of Appearance
10/13/2023 168 Notice of Submission of Payment Notification Forms (Attachments: #1 Account Holder Notification Form, #2 Payer Notification Form, #3 USO Payment Notification, #4 Dispute Form)
03/20/2024 169 Final Approval Opinion
03/20/2024 170 Final Judgment and Order on Final Approval of Class Settlement, Attorney's Fees, Costs, and Service Awards
04/18/2024 171 ENTERED IN ERROR – Notice of Appeal to DC Circuit Court
04/24/2024 172 ENTERED IN ERROR – Transmission of the Notice of Appeal to US Court of Appeals 
04/24/2024 173 Notice of Appeal to the Federal Circuit 
04/24/2024 174

Transmission of the Notice of Appeal to the Federal Circuit

04/30/2024

Minute Entry re: USCA Case Number